Pre-nuptial agreements

FAQ

Why would someone need this service?

Pre-nuptial agreements are likely to be of interest to anyone who is thinking about marrying or forming a civil partnership and who wishes to protect their assets and interests, particularly if they have other dependents such as children. The agreement can cater for specific circumstances such as the division of assets on divorce, death, financial responsibilities during marriage and how disputes are to be resolved.

How does the process work?

Each party will appoint their own separate lawyer to ensure that their interests are fully protected. Each lawyer will take full instructions from their client about what they wish to be included within the pre-nuptial agreement, their financial arrangements and wishes.

Once the two parties are in agreement, they will both sign the pre-nuptial agreement which then comes into force immediately.

How long does it take?

In practice, if there are details to discuss, it may take up to a month for a pre-nuptial agreement to be agreed and signed by both parties. However, if necessary the process can be completed in a shorter period of time, particularly if the agreement is relatively simple and both parties have agreed on the terms before starting the process.

It is very important that if at all possible the agreement is completed at least three weeks before a marriage or civil partnership ceremony. This is to allow a cooling off period in case either party changes their mind. If the proposed marriage is less than three weeks away, both parties should make their lawyers aware of this straightaway.

Is it expensive? How do the costings work?

Your first consultation with us will be for a fixed fee of £100 + VAT for a face-to-face consultation of up to one hour. When we have established the level of service that is required based on your personal circumstances, we will provide you with a estimate for our acting for you from that point onwards.

What should people consider before calling?

Clients should consider whether there are any assets that they wish to preserve exclusively for themselves or the other party, for example, any land or personal property. They should also consider whether there are other persons whose needs must be protected, for example children or other family members.

Why are Grant Saw the best people for this job?

Grant Saw has experienced and dedicated lawyers who specialise in this area of the law. They will discuss your individual requirements and prepare the document quickly and efficiently.

Pre-nuptial agreements tips

Please ensure that you have all necessary information to hand and bring any relevant documentation with you when you have your first meeting with a Grant Saw Lawyer.

Pre-nuptial agreements myth busting

What myths surround this area?

Since in many countries pre-nuptial agreements are legally enforceable people may think that that is the same in the UK and that a valid pre-nuptial agreement is fully binding if the parties then separate. However, although they are more widely accepted now by English courts, it is still the responsibility of the person claiming that the agreement should apply to show that it is in fact a fair agreement.

The agreement is a factor only (although now a more important one) among others which are taken into account in deciding how assets are to be divided on separation or divorce. Therefore, when making a pre-nuptial agreement, it is important to ensure that it appears to be fair to both parties. Otherwise a court may have reason to go against what it says.